HomeMy WebLinkAbout04-21-2017 Agreement between City and Economic & Planning SystemsAGREEMENT
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THIS AGREEMENT is made and entered into in the City of San Luis Obispo on 00 day of April,
2017 by and between the CITY OF SAN LUIS OBISPO. a municipal corporation, hereinafter referred to as
City, and ECONOMIC & PLANNING SYSTEMS, INC., hereinafter referred to as Contractor.
WITNESSETH:
WHEREAS, on November 23, 2016, City requested proposals for services to prepare the City's
Capital Facilities Fee Program Nexus Study per Specification No. 91536; and
WHEREAS, pursuant to said request, Contractor submitted a proposal that was accepted by City
for said project;
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants
hereinafter contained, the parties hereto agree as follows:
TERM. The term of this Agreement shall be from the date this Agreement is made and
entered, as first written above, until acceptance or completion of said project.
2. INCORPORATION BY REFERENCE. City Specification No. 91536 and Consultant's
proposal dated December 21, 2016, are hereby incorporated in and made a part of this Agreement as
though set forth in full herein.
3. CITY'S OBLIGATIONS. For providing the services as specified in this Agreement, City
will pay and Contractor shall receive therefore compensation in a total sum not to exceed $119,990. Should
the Consultant's work products contain errors or deficiencies, the Consultant shall be required to correct
them at no increase in cost to the City.
The Consultant shall be reimbursed for hours worked at agreed-upon hourly rates. Hourly rates include
direct salary costs, employee benefits, overhead and fee. In addition, the Consultant shall be reimbursed
for direct costs other than salary and vehicle cost that have been identified and are attached to this
agreement.
The City's payment terms are 30 days from the receipt and approval of an original invoice and acceptance
by the City of the materials, supplies, equipment or services provided by the Consultant.
4. CONSULTANT'S OBLIGATIONS. For and in consideration of the payments and
agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City to do
everything required by this Agreement and the said specification as described in Exhibit A (RFP) attached
hereto and incorporated into this Agreement and to comply with the terms set forth in Exhibits F, G, and I
attached hereto and incorporated into this Agreement.
5.1 AMENDMENTS. Any amendment, modification. or variation from the terms of this
Agreement shall be in writing and shall be effective only upon approval by the Community Development
Director of the City.
6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically
incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No
oral agreement, understanding or representation not reduced to writing and specifically incorporated herein
shall be of any force or effect, nor shall any such oral agreement, understanding or representation be
binding upon the parties hereto.
7. NOTICE. All written notices to the parties hereto shall be sent by United States mail,
postage prepaid by registered or certified mail addressed as follows:
City Michael Codron
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
Consultant Economic & Planning Systems, Inc.
One Kaiser Plaza, Suite 1410
Oakland, CA 94612
8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that
each individual executing this agreement on behalf of each party is a person duly authorized and
empowered to execute Agreements for such party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day
and year first above written.
CITY OF SAN LUIS OBISPO
By: ✓L
C m evelopment Director
RM: ECONOMIC &PLANNING YSTEMS, INC.
By:
Signature
Teif"ion Rice-Evans,Manggjqg Principal
Name/Title